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FXR is a Forensic Computer Scientist, Electronic Evidence and Data Retrieval Specialist, and E-Discovery Expert with world-class expertise in computers and software, e-discovery, programming languages, operating systems, litigation support, computer forensics, and research studies.
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An engineer left an international technology company. He has access to the employer's design manuals, fabrication plans, quality assurance procedures, and client list. After his departure, an employee approached management to report that the engineer had been bragging about how much better he could sell the employer's product than the employer.
Following a recommendation that we make in e-discovery matters, the employer obtained a court order allowing them to create a forensic image (sometimes called "mirror" image) of the ex-employee's home computers and the computers of an alleged confederate. We created images of the three sets of computers (his computer at work, his computer at home, and the computer of his alleged confederate) using a standard forensic analysis tool.
We investigated the metadata (hidden but identifiable information about a file) in the manual in question and found that he had copied the design manual to a floppy drive, taken the floppy drive home, and moved the file to his home computer.
On his home computer, he divided the manual into separate chapters. He updated the chapters to more recent part numbers and to metric measurements. He sent the modified chapters to the confederate who then tried to market them in a third world country.
We were able to trace all of these transitions from the metadata. We also did an analysis of the document's development artifacts, such as misspellings, unusual formatting (or lack thereof), and inconsistent spacing and alignment.
We also examined email addresses on the three sets of computers. Using the email addresses we found, we identified another (heretofore unknown) confederate.
The case was eventually moved to criminal court.
Electronically Stored Information, ESI and e-discovery
In light of the 2006 amendments to the Federal Rules of Civil Procedure, discovery of Electronically Stored Information ("ESI") (also called e-discovery) has become one of the most critical, and certainly one of the most costly challenges faced by litigants and their counsel. Trial attorneys understand that they must now take a far more proactive approach to helping their clients identify and secure ESI, and must do so at the earliest stages of a case.
Quite apart from litigation and the challenges faced by trial attorneys, businesses - particularly those faced with SEC and other regulatory compliance challenges - may have to make substantive changes in their record keeping, policy making, and document management.
At KKAI, we provide a full range of e-discovery and computer forensic services. We can assess a client's current system(s) for managing its ESI, recommend changes needed to help bring a client in line with the regulatory compliance requirements, and assist businesses in preparing e-discovery plans. We can help design Record Retention Plans, develop systems for monitoring retention plan compliance, and construct and explain Data Retention Architectures. We can help draw up Litigation Hold Plans that let businesses plan for fast, efficient, and safer responses to litigation. Planning ahead in this fashion can help businesses avoid serious sanctions in the event of litigation and what might otherwise turn out to be a practical inability (despite all good faith efforts) to respond to the e-discovery demands of an opponent or order of a court issued under the Federal Rules. When embroiled in responding to e-discovery demands, we can conduct forensic investigations involving technical issues such as metadata, email, text messaging, deleted but recoverable data, event and web logs and more.
In litigation, if there is any expectation that responsive discovery is stored in electronic form - a virtual certainty in today's world - litigants and their counsel need to consult an expert in e-discovery and computer forensics at the outset of a case or claim, not only to assure themselves that they can respond consistently with the requirements of the law, but also to enable document production to proceed in a manageable and (to the greatest extent possible) cost effective manner.
Read other articles by this KKAI Associate:
Good News/Bad News: The Tugboat's Black Box
The Case of the Vanishing Emails
The Family Business: You Missed One
| Forensic Computer Scientist, Electronic Evidence and Data Retrieval Specialist, and E-Discovery Expert, computers and software, e-discovery, programming languages, operating systems, litigation support, computer forensics, and research studies. | |
| Resume of FJB | mathematician, electrical engineering and computer science expert, computer and network forensic investigation and analysis specialist, patent infringement expert witness testimony, engineering consulting services |
| Resume of ISY | computer science expert, software engineering consultant, research and development, computer networking specialist, computer security research consultant, expert consulting services |
| Resume of KFZ | computer science specialist, software copyright infringement consultant, software patent and trademark infringement consultant, computer forensics specialist, e-discovery consultant, project management, system test, and information development consultant, forensic investigation and analysis, expert consulting services |
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Kevin Kennedy & Associates, Inc.
Rapid Response Engineering® Solutions
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Indianapolis, Indiana 46268
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